THE ENVIRONMENT (PROTECTION) ACT, 1986 153

Notification,
200682
ElA
3,1 arion is in supersession of the abovementioned notification
12
T h i sn o t i f h c a t i

r e s p e c t of things
done or omitted to be done
exceptin
before
1994
t also aims to achieve the objectives of National
such supersessi
o f the Unian.
approved by theUnion Cabinet on 18 May 2006.
Cvironment Policy
as
Enifcation
fundamental
has brought It changes. has also consol-
of 1994 and 1997 and the amendments made
Thisnnotification isions on the
This
the topic have also been taken care of
decisions o n
court
idated
Various
rherein.
therein. ment iinn consolidating the notification. The Central agency
consolidatin

have been given ndependent powers to consider

government

by the State a g e n c i e s
for clearance of the projects with different
ake decisions
the.
and

threshold l e v e l s .

Regulation,200683
Environmental Clearance
2121
3 Clearance Regulation of 2006 is in supersession
Environmental

The dated
27 January 1994 relating to ElA. It has been
notifhcation and
ofthe in the exercise of the powers conferred bywith Rule3(1) of(2)(U)
Section
1986 read s(3Nd) the
(Protection) Act, The regulation provides that con-
sued
E n v i r o n m e n t

of the (Protectionj Rules, 1986. of

Environment

vities or
activit expansion or modernisation
of projects and undertaken
notihcation will not be
new
struction
time of this
at the
existing projects its publication (14 September
2006) without the
on and
from the date of Central Government or by the
clearance trom the
Assessment Authority (SLEIAA) duly
environmental
prior
Environmental Impact
State Level
constiruted under
this regulation.
a list of projects/activi-
notification has provided
The schedule of the The projects which require
environmental clearance.
ties which require number. Some of them
Central Government are 3o in
clearance from the airports,
and gas exploration, mining,
are-offshore and onshore oil chemn-
soda ash industry, pesticides industry and complex,
TIver valley,
oil and gas transportation
pipe
integrated paint industry,
cal fertiliser, and others.* The projects
ine, ship wrecking projects, asbestos
yards SLEAC
environmental clearance from the
o activities which require waste
solid municipal
ac-common effluent treatment plants, common

construction projects, township ana area

anagement, building and industries/activities have
etc. Some of the rall
Opment programmers, capacity as they
beencategorised on the basis of their production
sub-s. (1) and cl. (v) ot
of the powers by conferred
sub-r. (3)
notihed, in exercise
1986, read with cl. (d) of
Environment (Protection) Act,
of R. 3,
P o f the Environment (Protection) Rules, 1950 Extra.,
Vide Noti. No. dt. 14-9-2006 published
in the Gaz. of India,
1533(E),
Pt.I1, S. 3(ii), dt. 14-9-2
-2006, 36-72, No. 1067.
84.The fall dunder
e r category "A" of the schedule.
(
I54 ENVIRONMENTAL LAw

under category "A" as well under category "B" of

of the.
the
ple,mining of minerals of more than so
hectares falls
schedule:otfor
"A and ifthe area is less than so hectares, it would fall.
tall under exa
under cacatcateg
egsony
"B". Such projects/activities are river valley,thermal power
washeries, metallurgical industries, cement plants, coke ove
leather/skin/hide processing, etc.
plants, coa
All projects and activities are broadly categorised into *
category on the basis of spatial extent of potential impacts and and "
impact on human health and natural and man made resources. potential
As per para 7 the of regulation, there four
are stages of "prior
mental clearance" process for new projects. They are:
"prior enenviron
I. Screening (only for category "B projects and activites)
SLEAC for determining whether or not the project/activity requires f
ther environmental studies tor preparation of ElA depending upon the
nature and location specificity of the project, they shall be termed as
"B-1" and the rest as "B-2" project requiring no ElA.

2. Scope.-It refers to the process by which the Expert Appraisal

Committee (EAC) in case of category "A" projects/activities, and State
Level Appraisal Committee (SEAC) in the category "B-A" projectslactiv
ities, including expansion, modernisation change in product mix ofexist
ing projects/activities, determine detailed and comprehensive terms of
reference (TOR) for the preparation of EIA of the project/activity,which
require prior environmental clearance. If need be, the visit
of the site
can be made by the sub-group of the EAC or SEAC. Such TOR will be
.
conveyed to the applicant within 6o days from the receipt of Form
also be rejected at tns
Application for prior environment clearance can

stage.
After this notification of 2006, mining of minor minerals also require
EIA but if the area is less than 5 hectares, the notification is not appl
cable. The Ministry of Mines, Government of India has also 15Sued
Environmental Aspects of Quarrying and of Minor Minerals-Evolvimg
of Model Guidelines" on 16 May 2011. These model guidelines also pro"
vide that cost of rehabilitation of flora and fauna destroyed while quarry
ing or mining operation shall be borne by person holding the quarry1ng
or mining lease.35
to the process by which the concerns
3. Public consultation.-It refers
of local affected persons and others who have plausible stake in the envi
ronment impact of the project/activity are ascertained with a view to
into accounting all material concerning the project/activity. Al
taking
projects/activities falling under "A" and "B-r" category are: expansion

4 SCC 629.
85. Deepak Kumar v. State of Haryana, (2o12)
 THE ENVIRONMENT (PROTECTION) ACT, 1986 I55
6
of roads and highways, modernisation of irrigation projects, projects/
and
of
es concerning national detence/security and building/construction
a c t i v i t i e s .

s and township. It has two stages: I) public hearing at the site or

aculose proximity of the project for ascertaining concerns of local
at the clos

affected persons;
andd 2) obtaining response in writing from other con-
cerned persons.

Public hearing
shall be conducted by the State Pollution Control Board
Pollution Control Committee (UTPCC) in the
SPCB) or Union Territory
ecified manner, and they would forward its proceeding to the regula
within 45 days of the request of the applicant. Such public
tory authority
tory
held after giving a notice in, at least, one major national
hearing shall be
daily ot the date, time and exact venue
daily and one regional vernacular A minimum of
of public hearing. 30 days notice shall be
for the conduct
the public for furnishing their responses.
nrovided for such hearing to
summary of the ElA of the project.
The advertisement (notice) shall carry to video film the entire proceedings
shall also arrange
The SPCB/UTPCC
Attendance of the persons present shall be noted and
of public hearing.
No quorum has been fixed for start
annexed with the final proceedings.
ing the proceedings.
consultation (written or
All the responses received as part of public
oral) shall be forwarded to the applicant bethrough quickest available
supplementary) to make
means, who shall submit its report (may
additions and alterations in EIA and EMP.
the EAC or SLEAC of the appli-
4. Appraisal.-A detailed scrutiny by
is known as appraisal. The
EIA report, outcome of the public
cation are examined thor
consultation including public hearing proceedings, also be invited tor
and in a transparent Applicant shall
manner.
oughly or through an
authorised
Turnishing necessary clarification in person the EAC or SLEAC
On the conclusion of the proceedings,
presentative. recommendations" to the regulatory authority
acitnermake "categorical
for grant of prior environmental clearance on stipulated terms and
reasons ror
for rejection of the application together with
itions, or

thesame. Court observed that

Sundarrajan v.
, Union ofIndia86, the Supreme
with that of "minor
scientific benefits" have to be balanced
omic national nuclear pol-
81cal detriments" on the touchstone of our not
which
a larger canvas
conomic benefit has to be viewed on and generate
alleviate poverty
our economic growth but be taken
more e t bodies must also
mployment." The reports of the expert
clearance for
nuclear plants.
andConsid
considered before
betore giving
givi or according Plant
While ic a
While issuing the clearance for the of the Nuclear Power
expansion
by the
86. (2013) 6 SCC In this case EIA to a nuclear power plant was
discussed

Court.
 I56 ENVIRONMENTAL LAW

of Kudankulam, the Ministry ot Environment

ious conditions.
Forest laid and Forecs
and
The appraisal
of the dov
the receipt of the final EIA
The regulatory
completed withisin down var.
application shall be
report by the EAC or
and SLEAC and authoritytheshall consider the SLEAC.
60 da
days q
45 days of the
convey decision of recommendat
approval
approval tions of EAc,
The regulatory receipt
of the or
recommendation of reject
authority, if it disagrees with the EAC. on Witwitnin
the EAC or ththe recommenor SLEAC
SLEAC, can send the same me to them
disagreement. ther
stating dations of
Ifthe decisionof the the
the regulatory
stipulated time, the applicant authority is not
clearance sought for has been
ommendations of the EAC or
may proceed
granted ceed as ifif ththe dwivwithin
or denied
ied in terms envir thin communicated
LEAC concerned envirfoinalnmentrece
of the
3.12.2
[para. 7lii).
Validity of environment
The validity period of the prior clearance$7
Table I: environmental clearance is as shoWn in
TABLE 1 Validity period for diferent
projects
For river valley
*-*** * ****
project 10 years
Mining projects ****************************************************************************
Maximum 30 years *** **** .. ..
******

(the EAC/SLEAC may fix

any time period
************************* 30 years) subject to the maximum period of
Area development/township
* * * * * * *Up* * *to* * * * to* * *responsibility
or * * * * * * * * * * * * *of* *the* * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * san
******************************.
All other projects
5 years
developer which can be extended up to 5yeas
It shall be
mandatory for the
compliance reports on Juneproject and management
to submit
haliyear)y
1
Such
compliance December of each calendar
I

played on website reports

of the
shall be public
documents and will also beyeat.
dis
of regulatory authority (para 1o). With
project/activity, the environmental clearance would also be transter
the
automatically on the same terms and conditions and for the transte
period only. remainug
Concept of ex post facto environmental
is
completely alien to environmental clearance in miningleaseshrc
1994 but also under EIA jurisprudence not only under El
2006. There is no doubt that environmental
87. Provided in para. 9 of the
88. Common Cause v. Union Noti., dt. 14-9-2006.
Ciously mined of India, (2017) 99 SCC
SCC 499. In this case lesse
erapa
and iron ore 4 "uction to enVt

and forests and manganese ore, and thereby causeu

des
ronment caused untold misery to the tribals
o

Odisha. It was
declared to be "a mining scandal
scandal of e n o r m o u s proportions an
involving megabucks". The court in ng enormous P price
recovery of
illegal ther
extraction of minerals and
ensation from t

1oo per cent

 THE ENVIRONMENT (PROTECTION) ACT, 1986 I57

will be
clearance" (EC) obtained earlier would continue, but again EC
hce" (EC)
1) if there is over-extraction beyond permissible
limits, or 2) if
eOuired
requ
a renewal
of mining lease, or 3) if there is increase in lease area
renewal
here is
thereis in production.
or enhancement Corpn. Ltd. v. Ministry of Environment &Forest9,
In Orissa Mining made it clear that there can be stagewise grant of
Court
the Supreme
sateguards and there
environmental
dlearance to ensure compliance with of the condi-
of inal clearance due to non-compliance
can be rejection an opportunity
in preliminary clearance stage. Further,
rionsimposed of the preconditions for grant of
must be
must provided for the compliance
be provided
It was also clarihed that while granting environmental
fnal clearance.
political, cultural and religious rights of the tribal
learance, the social, and must
to worsh1p, must be taken into account
people, including right
be safeguarded.0
environmental clearance related provisions
of various
While giving such as the Forest
related laws are also taken into consideration,
other Scheduled Tribes
the Forest Act, 1927; the
(Conservation) Act, I980; Forest Rights)
Forest Dwellers (Recognition of
and other Traditional and
to the Scheduled Areas) Act, 1996
Act, 2006; Panchayats (Extension
others. authorities mustalso
For extension order of the previous order, the
and conditions have been fulfilled
or not; for
terms
see whether previous of the mining area
the condition of the hydrogeological report
example,
within a period of two years.1
for environmental clear-
Pre-decisional public hearing is sine qua non done before issuing
must be
ance, not post-decisional. Public hearing received tor the
clearance certihcate". It is applicable in the application
expansion of the project.""

3.12.3 Review of ElIA by the judiciary

environmental clear-
The decisionof the Central Government to grant
the anvil of well-recognised princi-
ance (EIA) can only be tested "on of illegality, irrationality
of judicial review", i.e. on the grounds
Pes has breached one of the
ana procedural impropriety.3 If the government

for utilising it for the special purpose

easeholders. z237.05 crores were deposited works, as a part payment.
89.
Venicle for tribal welfare and area development
(2013) 6 SCC 476. in any way, affects
the

abha was directed to examine if the mining project, was to give

the The Ministry of E&cF
gous rights of the tribal people of
area.

the basis of the report of Gram Sabha.

cearance Sons (P) Ltd. v. Union of India, (2016) 8 SCC 299
on
0abaulicar
(2016) 9 SCC 300.
93CTOterm (lndia) Ltd. Patel Vipul Kumar Ramjibhai,
SCC 575, 594-95; also,
v.
Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 338.
4arge Umiam Mining (P) Ltd. v. Union of India, (201I) 7
 I58 ENVIRONMENTAL LAW
CHAP
mandatory requirements in procedure, the court can quash the environ.
mental clearance. It cannot be reviewed or rejected on any othergrounds

3.12.4 Need to reieu the notifcation

ment and to
pl
6.
6. Rules to regulate environmental pollution.-(I) The Central
Government may, by notification in the Official Gazette, make rules in
respect of all or any of the matters referred to in Section 3.
(2) In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters,
namely:
(a) the standards of quality of air, water or soil for various areas and
purposes
(b) the maximum allowable limits of concentration of various envi-
ronmental pollutants (including noise) for different areas;
()the procedures and safeguards for the handling of hazardous
substances;
(d) the prohibition and restrictions on the handling of hazardous sub-
stances in different areas;
(e the prohibition and restrictions on the location of industries and
the carrying on of processes and operations in different areas;
the procedures and safeguards for the prevention of accidents
which
may cause environmental pollution and for providing for
remedial measures for such accidents.
The
entral Government, while exercising its powers, have publishea
Ous standards to maintain the quality of air, water, soil and for
the safe
handling, management and disposal of hazardous substances.
 ENVIRONMENTAL LAW
168

The Hazardous Wastes (Management and

Handling) Rules, Rules,t
CHAP
Manufacture, Storage and Import of Hazardous Chemicals
1989, the
1989; the Chemical Accidents (Emergency
and Response) Rules, 1991; the Bio-Medical Planning,
Waste (Mana
nagement
Handling) Rules, 1998; the Recycled Plastics Manufacturent&
Preparednes
Rules, 1999 and the Noise Pollution (Regulation and Usage&
and Us
2000 have been notified by the Central
Government in theControl)
e Rule
Ruleg
powers conferred under this section. exercise c

This section may also be read in conjunction

with
Act which also empowers the Central Government Section 2 25 of t
to make 0
Section
carrying out the purposes of this Act". ules torthe
Important declaration of Section 6(2){a) is to make rules ac
standard of quality of air, water or soil. It is something in the
pollution free environment or damage to the environment34
addition to the
part of Article 21 of the Constitution. which it a
is a
Another important direction of Section 3(2)(vi) is to
provide reme.
dial measures for environmental pollution accidents. The Public
Liabilit
Insurance Act, 199I is a welcome venture of
Parliament this direction.
in
This provides for "no-fault liability" in case of industrial accident and
relief which shall immediately be provided to the victims of such accident.
This relief shall not bar the right of the victims to claim compensatio

3.13 Appointment of officers and their powers and functions

Section 4 authorises the Central Government to appoint offcers wit
proper designation as it thinks fit and entrust them with powers and
functions. Such appointed officers are under general control of 1) Ccntr
constituted under Section35
Government; or 2) authority or authorities
or 3) any other authority or officer as the Central Government prov var
Government has appointed
In the exercise of this power, the Central
1ous otficers in Central and State
Pollution Control Boards. d1rec

Central Government to1s of the

Section s of the Act empowers the Section 4
0
under
tions to any person/officer/authority
appointed
Act. withthe

I. Such directions shall be in writing. bound to

comply
shall be
2. Such person/officer/authority ardng

regaru
directions

directions. to
issue
d u s t r y ,o p e h
9
3. Such directions
shall include the power any
indt
r e g u l a t i o n of
or
(a) the closure, prohibition f e l e c t r i c i t yo rw ater,
v a t e r ,

tion or process; Or
supply of elcee
( ) stoppage o r
regulation of the
any other service.